Ed Vitale: Building: A Self-Help Guide For The Owner Builder

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Bear in mind that all of the codes discussed above remain nothing more than mere models (without force and effect) unless and until they've been adopted by either a state, county, or municipal government (which are the only entities that have the legal power to regulate building construction). Furthermore, the municipality (or county, or state) may [1] adopt an entire model code as written, [2] pass part of a model code and substitute its own requirements for certain specific sections, [3] draft its own construction (or plumbing, or mechanical) code, or [4] not adopt any code at all.

I hope that you can now understand how and why construction codes differ from town to town, county to county, and state to state. And, although I do not ask you to understand it, I hope you can see how the one really positive accomplishment made by the code organizations—the promulgation of the One and Two Family Dwelling Code—is completely negated by the fact that each group has failed to remove from their voluminous building codes those specific provisions relating to single-family residential construction. Thus, many jurisdictions—which adopt one of the model building codes and do not adopt the model One and Two Family Dwelling Code—still force the owner-builder to do battle with the bigger and more complicated code.

Enough said at this point. The next article in this series will cover the model codes in detail and will specifically explain how to apply for a building permit, the role of the building inspector, and whether or not certain kinds of shelters that an owner-builder might want to construct are permitted under the four model codes.

HOUSING CODES. These ordinances generally regulate the living conditions in dwelling units after they're built. The regulations set minimum requirements for water, heating, and sanitary facilities.

Housing codes were enacted in response to the deplorable living conditions that the flood of European immigration during the 1800's produced in U.S. cities. Many city dwellers at the time were lodged in overcrowded, unhealthful death traps and these codes were adopted to provide a minimum of protection for the helpless tenant (fire escapes, toilets for every 20 occupants, tap water on each floor, and bannisters for the stairways were some of the early standards required of multi-family-dwelling owners).

Even though you may not think that a housing code can concern an owner-builder, it, unfortunately, can. For, over the years, the provisions of these regulations have increasingly been applied to the single-family dwelling as well. This creates serious problems for the owner-builder who doesn't want electricity, who has a wooden sink or tub, or who sleeps in a detached structure ... all of which might be illegal under a housing code.

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